Evans v. State

Supreme Court of Georgia

Evans v. State

396 S.E.2d 226, 260 Ga. 429

CourtSupreme Court of Georgia

DecidedSeptember 27, 1990

DocketS90A1114

StatusPublished

This text of 396 S.E.2d 226 (Evans v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Evans v. State, 396 S.E.2d 226, 260 Ga. 429 (Ga. 1990).

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Opinion

Clarke, Chief Justice.

Johnnie Evans was convicted of malice murder and sentenced to life imprisonment. He appeals, asserting only that the evidence produced at trial does not support the verdict. We conclude that the evidence amply supports the verdict and affirm.¹

Evidence produced at trial demonstrates that Larry Lymond and Curtis Redmond sold cocaine for Johnnie Evans. On June 27, 1990, Evans gave Lymond five sacks of crack cocaine to sell. Lymond returned without the drugs or money. Evans and Lymond argued. Evans told Lymond that if he did not produce either the drugs or the money before he counted to seven, he would shoot him. Redmond, who was present in the apartment during the argument, heard Evans count to six. He then heard a gunshot. Redmond called an ambulance while Evans fled. Lymond died of a gunshot wound to the chest.

When viewed in a light most favorable to the verdict, the evidence produced at trial was clearly sufficient to authorize a rational trier of fact to find the defendant guilty of murder beyond a reasona[430]*430ble doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). We find no error.

Decided September 27, 1990. A. Nevell Owens, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf, for appellee.

Judgment affirmed.

All the Justices concur, except Weltner, J., not participating.

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Clarke, Chief Justice.

Johnnie Evans was convicted of malice murder and sentenced to life imprisonment. He appeals, asserting only that the evidence produced at trial does not support the verdict. We conclude that the evidence amply supports the verdict and affirm.¹

Evidence produced at trial demonstrates that Larry Lymond and Curtis Redmond sold cocaine for Johnnie Evans. On June 27, 1990, Evans gave Lymond five sacks of crack cocaine to sell. Lymond returned without the drugs or money. Evans and Lymond argued. Evans told Lymond that if he did not produce either the drugs or the money before he counted to seven, he would shoot him. Redmond, who was present in the apartment during the argument, heard Evans count to six. He then heard a gunshot. Redmond called an ambulance while Evans fled. Lymond died of a gunshot wound to the chest.

When viewed in a light most favorable to the verdict, the evidence produced at trial was clearly sufficient to authorize a rational trier of fact to find the defendant guilty of murder beyond a reasona[430]*430ble doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). We find no error.

Decided September 27, 1990. A. Nevell Owens, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf, for appellee.

Judgment affirmed.

All the Justices concur, except Weltner, J., not participating.

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396 S.E.2d 226, 260 Ga. 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-ga-1990.

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